RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This suspension of sentence application has been preferred on behalf of the applicant-appellant against the judgment dtd. 30/9/2015 passed by the Special Judge NDPS Cases No. 1, Chittorgarh (hereinafter to be referred as 'the trial court') in Sessions Case No. 22/2010, whereby the applicant-appellant has been convicted for the offences punishable under Ss. 8/15 and 8/18 of NDPS Act and sentenced to undergo 20 years rigorous imprisonment along with fine.

(2.) Learned counsel for the applicant-appellant has submitted that the applicant-appellant was on bail during the trial, however, he is in custody since 30/9/2015. It is also submitted that the applicant-appellant is in jail from last more than six years. It is further submitted that from the Seizure Memo and the statements of the Seizure officer (PW-33), it is clear that the samples of the narcotic contraband were not take out separately from each bag. It is, therefore, submitted that as per the law laid down by this Court in the case of Netram v. State of Rajasthan reported in 2014 (1) Cr.L.R. (Raj.) 163, the applicant-appellant can not be held guilty for possessing and transporting narcotic contraband above commercial quantity. It is, therefore, prayed that the sentence awarded by the trial court may kindly be suspended till pendency of the appeal as the same will take time.

(3.) Learned Public Prosecutor has opposed the prayer of the applicant-appellant for suspension of his sentence awarded by the trial court and produced the report dtd. 5/2/2022 of Superintendent of Central Jail, Udaipur, wherein it is mentioned that up to 5/2/2022, the applicant-appellant has served out sentence of 6 years 9 months and 11 days.